HKSAR v. TSANG FUK CHOI

IN THE HIGH COURT OF

THE HONG KONG SPECIAL ADMINISTRATIVE REGION

(Appellate Jurisdiction)

MAGISTRACY APPEAL NO. 618 OF 1997

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REASONS FOR DECISION

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1. This is an appeal against sentence.

2. The appellant pleaded guilty to one count each of criminal intimidation, possession of offensive weapon contrary to the Summary Offences Ordinance and three counts of theft. He was sentenced to 9 months for the criminal intimidation, 6 months for the possession of offensive weapon and 1 month each for the theft charges. The sentences were ordered to run consecutively so that the appellant is now serving a total term of 18 months imprisonment. There is no appeal against the sentence for the theft charges. I find myself in agreement with the length of the individual sentences he imposed.

3. In his reasons for sentences the learned magistrate treated the offences as separate and distinct activities and hence his order for the term to run consecutively.

4. The fact of the case however, remains that at the time of uttering the words of threat, the appellant had resorted to brandishing a knife which is the subject matter of the second charge. The learned magistrate made this observation at page 3 of his reasons for sentence:

"For charges 1 and 2, I consider these were separate offences although arguably the blade had been used in the course of committing the intimidation."

5. In the light of the view he adopted I think it is wrong in principle for him to treat the two offences as being separate and distinct and to order the sentences to run consecutively.

6. For the reasons given, I would not disturb the length of the sentence but I would make an order that the six months' imprisonment for the charge of possession of offensive weapon to run concurrently with the first count of nine months. Since there is no appeal against the remaining sentences on charges 4, 6 and 8, there is no reason for me to disturb that. The original sentence is set aside and substituted by the order which I have made. That is, the sentences for the 1st and 2nd counts to run concurrently and the appellant would serve a total prison term of 12 months.